Legal Question in Workers Comp in California

Re: not getting paid your settlement when your attorney gets paid

Do you have any legal right to pursue your issue with another attorney...? Yes, you have the right. However, from what you have provided, I don't see a situation where your Comp attorney's actions have "fallen below the standard...".

There are situations that I can dream up where your attorney my be at fault. What are your damages due to the attorney's error? That is the real question. A delay in getting paid may not be enough to pursue. Many times it isn't the attorney who is the problem, it is the Insurance company who is issuing the check.

Look at the order that the court granted. It will tell you when the payment is to be made.

If you aren't happy with the services of your present attorney, consult with another Comp attorney. It sounds like you have either medical rehabilitation coming or job retraining coming. These are important benefits and you want to be sure you get what you are entilted too. If you don't get what you are rightfully entitled to, the Insurance Company will get to keep the cost of those benefits. Who is in most need of those benefits and who has the superior right to them?

First, make an appointment with your present attorney and go over the court's order and all future benefits. Bring a list of questions with you and make sure you get clear, understandable answers to each of your questions.

Second, if you are not satisfied, get a copy of your file (you are entitled to this upon request) and have it reviewed by another attorney, one that you trust and one that knows Workers' Comp law and third party liability law (I can't tell if your case has been reviewed for any third party claims that you may have).

John Bisnar, Senior Partner of Bisnar & Chase. I have been assisting accident victums since 1978, it is the only law work I do. 800-956-0123.